Terms of Service
Everybody has one – So we have.
On the following site you can read our terms of business.
(Or just note that there is one – there are no nastinesses- merely necessities according to our solicitor.)
General Terms and Conditions
1. Conclusion of a contract
Only the general terms and conditions hereinafter stated shall apply for all goods supplied by us. Other contracts and verbal agreements, insofar as these include any amendments or alterations of these general terms, must be confirmed by us in writing in order to be valid.
2. Orders
If possible, all orders must be typewritten. We shall not be liable for any mistakes arising from illegible writing. Nor can we exclude the possibility of errors in hearing for orders which are placed by telephone. We shall only take back goods if these are still in their original condition and have not been damaged.
Special requirements ordered by the customer which differ from our usual construction methods shall only be taken back after the prior express agreement of the manufacturer or the manager.
3. Cancellation of a sales contract
a) Cancellation is only possible
if the goods or the machine in question are not yet under construction or in the process of being assembled. Otherwise, all costs incurred shall be charged to the party or parties ordering.
b) Liability for deficient delivery.
The deliverer shall be liable for defects including the lack of warranted characteristics as follows:
c) For all components or services which become defective or fail during the period of warranty, the deliverer shall have the choise of either repairing them free of charge, of replacing them or of providing the party ordering with a new supply.
d) The party ordering must grant the deliverer such necessary period of time and opportunity as may seem reasonable for the remedying of the defects. If the party ordering shall refuse to grant such time and opportunity as required, then the deliverer shall be released from his liability for defects.
e) In the event that the deliverer shall let the additional period granted for the remedying of the defect or defects expire without rectifying the said defect, then the party ordering shall have the right either to annul the contract or to demand a reduction of the sales price.
f) The party ordering shall have no further claims against the deliverer or such person or persons employed for the performance of the deliverer’s contractual obligations. In particular, the party ordering shall have no claim for losses suffered which are not attributable to the goods delivered such as production losses, etc.
4.Guarantee
We shall undertake to guarantee that all machines supplied by us or appliances which we have manufactured are free from defects for a period of 6 months after delivery; the said warranty period shall be understood on the basis of an 8-hour operating day. We shall undertake to inspect all parts which can be additionally purchased, all electric motors, controls, etc. during the period of guarantee and to demand the replacement of the article or articles free of charge by the manufacturer, as far as this is possible (bankruptcy). We shall be exclusively responsible for repairs or the installation of new parts. We shall not be liable for damages arising from improper handling, careless installation or from repairs undertaken without our prior agreement. If repairs shall become necessary after the period of warranty has expired, then we shall undertake to provide you with assistance either per telephone or per fax, etc., either verbally or by letter, in order to determine the cause of the defect without any additional charges.
a) We are prepared to be generous towards those customers who do not call upon us to remedy every little trifle and who carry out small adjustments and minor repairs such as the peplacement of a switch themselves; in these cases we shall double the period of warranty. This extension of the period of warranty does not, of course, cover losses in value arising from normal wear and tear.
5. Retention of title
a) As is also written on the first of our invoice form, we shall retain the title to all products supplied by us until all claims against the party ordering shall have been discharged.
b) Machines or other appliances intended for export may only be resold if the party ordering has discharged all obligations and the amount due has been credited to onu of our account.
6. Terms of payment
a) Unless otherwise agreed upon, payment must be effected either with 2 % discount for settlement within 8 days or net within 30 days.
b) We shall only accept payments by bill of exchange if the buyer’s bank shall furnish a guarantee for the amount.
7. Terms of delivery
a) The party ordering shall be liable for all costs and risks of carriage and delivery, the buyer shall take out a transport insurance policy or request the deliverer in writing to take out such a policy. Packaging of the goods shall be carried out at cost price and shall be as low-priced as possible.
b) Packaging materials may only be returned if the buyer defrays the expenses or returning the packages. In this event, the condition of the packaging shall be examined and partially credited to the buyer’s account.